Convicted of
Brother's Crime

Fresno County, CA

Bernard Vindiola

July 22, 1976 (Fowler)

Bernard Vindiola was convicted of the shooting murder of
Thomas J. McCoy, a security guard at the Peek-a-Boo Bar in Fowler, CA. At the time of the shooting, Bernard, his brother, Eddie Vindiola, several
sisters and some friends were at the bar. Christina Vindiola got into
a fight with her sisters, Rosie and Elena, and with Eddie's girlfriend,
Martina Rocha. McCoy attempted to intervene and stop the fight. In the
process he was shot three times, and later died as a result. After the
shooting, Christina Vindiola remained at the bar. She told a number of
people that her brother, Eddie, had a gun and had shot the security guard. She would later testify that she made those initial statements because she
was angry with Eddie. She stated that she did not know whether Eddie
had a gun or had shot the victim.

At Bernard's trial, his defense was that Eddie had shot the
victim. Bernard's girlfriend was not involved in the fight or with the
security guard, but Eddie's girlfriend was. Only one witness, Vaughn
Donabedian, claimed to have seen Bernard shoot McCoy. His testimony
was questionable for several reasons: (1) The lighting condition in
the bar was dark, and it was crowded with 75 to 85 people. (2) Shortly
after the shooting, Donabedian said the assailant was 5 feet 10 inches tall
and in his late 20s or early 30s. Eddie was 5 feet 9 inches tall and
28 years old. Bernard, however, was 6 feet 1 inch and 21 years old. (3) Donabedian was positive that the killer had gotten in the back seat of a
car just before it drove away. However, there was testimony that
Eddie, who was unable to drive, got in the back seat, whereas Bernard was in
the front seat driving. (4) The day after the shooting, Donabedian was
shown a group of photographs, including Bernard's, but could not identify
any of them as the assailant. (5) Donabedian was shown a physical lineup
three days later and identified someone other than Bernard as the killer. He
later claimed at trial that Bernard had been in that lineup, which was
incorrect.

In 1979, a state appeals court overturned Bernard's conviction
because the defense was prohibited from introducing Eddie's prior conviction
of auto theft to impeach his testimony. The court also cited other
reasons and noted in its opinion the weight of evidence was in favor of
Bernard. It is not known if Bernard was retried, but the Northwestern
Law School website lists him as an exonerated person. (People
v. Vindiola) [10/08]

Los Angeles County, CA

Jesus Avila

Aug 19, 1990 (Lynwood)

Jesus Avila was convicted of attempted murder in 1990 in the
shooting of Demetrius Kidd. The shooting occurred at a baby shower
gathering in Ham Park. Jesus's original lawyer, George Denny, became
convinced that Jesus's brother, Ernesto, was the real shooter, after Ernesto
apparently confessed to him. But Denny never told anyone because he
represented Ernesto in another matter and believed that he could not
implicate him – even if doing so might help clear Jesus. While Denny
wrestled with this dilemma, Ernesto and the Avila family gambled. Rather than come forward and testify for his brother at the trial, Ernesto
hoped that Jesus would win his freedom anyway. “We thought Jesus would
be acquitted and Ernesto would not have to go to jail either,” said
Christine Avila, their mother.

Denny withdrew from the case, citing an unspecified conflict
of interest. However, he never shared with Jesus's new lawyer
information he had on why Ernesto was the real shooter. When police
arrived at the shooting, Ernesto had fled. Witnesses there identified
Jesus as the person who most looked like the shooter. At trial,
Jesus's new lawyer presented witnesses who placed Jesus on the opposite side
of the park at the time of the shooting. Some remember him hitting the
ground when shots were fired. However, the prosecution witnesses
prevailed.

On appeal in 1992, a judge heard sworn testimony that Ernesto
was the guilty party, both from Ernesto and several other witnesses. However, the judge declined to order a new trial for Jesus, saying later
that he did not find Ernesto's admissions credible. Eventually,
however, Jesus was able to appeal to the federal Ninth Circuit Court, which
overturned his conviction in July 2002. (L.A.
Times) [10/07]

Idaho County, ID

Mark Lankford

June 21, 1983

Mark Henry Lankford was convicted along with his brother Bryan
of beating to death Robert and Cheryl Bravence in the Idaho wilderness. Mark was not at the scene of the crime but was convicted because Bryan was
promised life imprisonment instead of death, for testimony against his
brother. Bryan has since recanted, but Mark has spent 20 years in solitary
confinement on Death Row. (Free
Mark) [3/05]

Cook County, IL

Brown & Houston

June 18, 1983

Robert Brown and Elton Houston were convicted of the murder of
Ronnie Bell after being identified by some eyewitnesses. The murder was
presumed to be gang related. In 1985, Anthony Sumner, an inmate cooperating
with a federal probe of the El Rukn street gang identified the actual men
involved in the murder as J. L. Houston (Elton's brother), Earl Hawkins, and
Derrick Kees. At his trials Elton maintained that he was being mistaken by
the identifying witnesses for his brother, J. L. It was undisputed that J.
L. owned the car involved in the shootings, and the murder weapons were
found in the car. Also it was maintained that J. L. was known to the police
as an El Rukn hit man, and Elton was not an El Rukn. Two of the three
actual men confessed. Brown and Houston were exonerated and released in
1989. (CWC)
[12/05]

Cook County, IL

Leroy Orange

Jan 11, 1984

Leroy Orange was sentenced to death for the murder of Renee
Coleman, 27, Michelle Jointer, 30, Ricardo Pedro, 25, and Coleman's
10-year-old son, Tony. Orange confessed to the crimes after being subjected
to beatings, suffocation, and electroshock by Lt. John Burge and other
officers at the Chicago Area Two police station. Orange subsequently told
everyone he came in contact with that he had been tortured: his cellmate, a
physician, relatives and friends who visited him, his public defender, and
the arraignment judge. Orange's half brother, Leonard Kidd, implicated
Orange in the murders while being tortured at Area 2. However, Kidd
testified for Orange against his attorney's advice admitting that he alone
committed the murders without Orange's participation or knowledge. Governor
Ryan pardoned Orange on Jan. 10, 2003. (CWC)
[8/05]

Jefferson Parish, LA

Willie Jackson

Dec 12, 1986 (Marrero)

Willie Jackson was convicted of rape and robbery after being
identified by the victim. In addition, a forensic odontologist testified at
trial that the bite marks on the victim matched Willie. Just days after
Willie's conviction, his brother Milton confessed to the crime. At least
three pieces of evidence implicated Milton, but the victim still identified
Willie. In 2006, Willie was freed after DNA tests showed that Milton was
the rapist. Milton is serving a life sentence for an unrelated 1998 rape.
(IP) [12/06]

Terrebonne Parish, LA

Clyde Charles

Mar 12, 1981

Clyde Charles was convicted of rape. Clyde and his brother
Marlo Charles had been out drinking together at a bar. The brothers then
went their separate ways hitchhiking. The victim, a 26-year-old, was
subsequently raped after her car had a flat tire on the same road as the
bar. The victim initially told police that her assailant was clean-shaven,
but she identified the fully bearded Clyde as her assailant when police
brought him to her several hours after the assault. Police had found Clyde
hitchhiking an hour before the assault and had ordered him off the road. Marlo bore a strong resemblance to Clyde and was dressed similar to him on
the night of the assault, but the victim maintained that Clyde was her
assailant. At trial, Marlo testified in his brother's defense, but was not
asked by either the prosecution or the defense if he was the rapist. However, Clyde's defense attorney filed an affidavit stating he believed
Marlo was the rapist. Clyde began requesting DNA tests in the early 1990's
but prosecutors blocked these requests for years. In 1999, DNA tests
exonerated Clyde and implicated Marlo. (IP) (Frontline) (Justice:
Denied) [11/08]

Bronx County, NY

Diomedes Polonia

May 16, 1997

Diomedes Polonia was convicted of attempted murder for
allegedly shooting Thomas Hosford three times in the course of a robbery. The victim said Freddy Polonia was his shooter. Pedro “Freddy” Polonia
is Diomedes brother and bears a strong resemblance to him. When police
visited Diomedes' apartment they believed they had found “Freddy.” While in the hospital, the victim was shown fresh mug shots of Diomedes,
whom he identified as “Freddy.” Later, the victim further identified
the wrong brother at a precinct station house line-up.

The actual Freddy signed a handwritten confession to the
crime, but then reportedly fled to Puerto Rico. He was later located
in Massachusetts where he had been arrested for drug dealing and was making
regular court appearances there. A team of assistant DAs got in a car
and drove up to Massachusetts, but Freddy invoked his right to counsel and
silence. Then, within days, Freddy fled again, reportedly on a plane
out of Boston. Diomedes' conviction was eventually overturned and he
was released in Jan. 2003, but only after his Legal Aid attorneys logged
1300 hours on the case, and Diomedes spent over 5 and a half years in
prison. (Law.com)
[1/07]

Kings County, NY

Lamont Branch

Mar 26, 1988 (Brownsville)

Lamont Branch was convicted of shooting to death Danny
Josephs, 37, in 1990. Branch's brother, Lorenzo later admitted
responsibility for the shooting. Branch was freed in 2002. (NY
Times) [10/05]

Stark County, OH

John Gillard

Jan 1, 1985 (Canton)

John Grant Gillard was sentenced to death for shooting three
people, killing two of them. John's brother, William Gillard, attended
a New Year's Eve party. While there, Leroy Ensign beat William and
forcibly ejected him from the party. William returned later, after
midnight, and fired a shot into the air. Shortly thereafter, Ensign,
Denise Maxwell, and Ron Postlethwaite were shot. Ensign and Maxwell
died. Police put out an all points bulletin for a truck driven by
William, the truck seen leaving the scene of the shootings.

Four hours after the shootings, the Ohio Highway Patrol caught
William trying to flee the state. He had high-velocity blood spatter
on him that placed him within two feet of the victims at the moment they
were shot. Tests showed that blood spots found on him were consistent
with all three victims. Police did not issue an arrest warrant for his
brother John until Jan 2.

Police later claimed they lost Postlethwaite's original
statement as to the identity of the shooter. At trial, Postlethwaite
identified John as the shooter. Postlethwaite also testified that he
had at least eight beers and was sleeping in a poorly lit room at the time
of the shootings. During trial, the state emphatically maintained that
Postlethwaite identified John immediately after the shootings. However, the lead investigator has since admitted that the investigation had
focused originally on William.

John's attorney, Louis Martinez, also represented William. During John's trial Martinez challenged the evidence against William, even
though doing so prejudiced John. William testified at John's trial
stating that he was not present at the shootings and he tried to explain
away the physical evidence that implicated himself. After entering
into a plea agreement that allowed him to be immediately paroled, William
testified at the trial of another man that he (William) was present when
Ensign was shot, but fled prior to the other shootings. (Appeals)
[2/08]

Spartanburg County, SC

Jesse Keith Brown

Dec 31, 1983

Jesse Keith Brown was sentenced to death for murdering John
Horace McMillin, 63. McMillin was shot during a robbery in his home near
Fingerville. The key evidence against Brown was the testimony of his
half-brother, which was plagued with serious questions. Brown's conviction
was twice overturned. He was acquitted at his third trial in 1989 when he
presented new evidence that his half-brother was the true killer. (PC)
[10/05]

Cameron County, TX

Leonel Torres Herrera

Sept 29, 1981

Leonel Torres Herrera was sentenced to death for murdering two
police officers, David Rucker and Enrique Carrisalez. The murders
occurred at separate locations along a highway between Brownsville and Los
Fresnos. Enrique Hernandez, Carrisalez's patrol car partner,
identified Herrera. Hernandez also said Herrera was only person in the
car that they stopped. Carrisalez, who did not die until 9 days after
he was shot, identified Herrera from a single photo. A license plate
check showed that the stopped car belonged to Herrera's live in girlfriend.

In 1984, after Herrera's brother Raul was murdered, Raul's
attorney came forward and signed an affidavit stating that Raul told him he
had killed Rucker and Carrisalez. A former cellmate of Raul also came
forward and signed a similar affidavit. Raul's son, Raul Jr., who was
nine at the time of the killings, signed a third affidavit. It averred
that he had witnessed the killings. Jose Ybarra, Jr., a schoolmate of
the Herrera brothers, signed a fourth affidavit. Ybarra alleged that
Raul Sr. told him in 1983 that he had shot the two police officers. Herrera alleged that law enforcement officials were aware of Ybarra's
statement and had withheld it in violation of Brady v. Maryland. Armed
with these affidavits, Herrera petitioned for a new trial, but was denied
relief in state courts. One court did dismiss Herrera's Brady claim
due to lack of evidence. Herrera's appeal eventually reached the U.S.
Supreme Court, where it was argued in Oct. 1992.

In Jan. 1993, the Supreme Court ruled that Herrera's actual
innocence was not a bar to his execution. He had to show that there
were procedural errors in his trial in order to gain relief. Justice
Rehnquist wrote that the “presumption of innocence disappears” once a
defendant has been convicted in a fair trial. Dissenting Justice
Blackmun wrote: “The execution of a person who can show that he is
innocent comes perilously close to simple murder.” Herrera was
executed four months after the ruling on May 12, 1993. (Herrera
v. Collins) [1/07]

Harris County, TX

Robert Angleton

Apr 16, 1997

Robert Angleton, also known as Bob, was a bookie who took bets
on sporting events. He was charged with murdering his 46-year-old
wife, Doris. Following the murder, Bob told police that he suspected
his brother Roger was the killer. Despite Roger's checkered past, Bob
had employed him in 1989. He fired him less than a year later. After being fired, Roger felt Bob owed him $200,000 and even tried to rob
him of it at gunpoint. Roger then threatened to put Bob out of
business, by reporting him to the IRS. Bob ignored him, but Roger
started making phone calls to customers, posing as an IRS agent.Read More by Clicking Here

Newfoundland, Canada

Randy Druken

June 12, 1993

Randy Druken was convicted of murdering
his girlfriend, Brenda Young. This conviction was overturned after a
jailhouse informant recanted his story, claiming that police had bullied him
into making it. DNA testing was then done on a cigarette which was believed
to have come from the killer. That testing established that cigarette had
not be used by Druken. In 2000, the Crown stayed the charge against Druken
rather than proceed with a new trial. Evidence came to light in 1998 that
Druken's brother Paul was the actual murderer, and it was established he had
been with Brenda at the time of her death. (FJDB)
[1/07]

Related Case: Convicted of Father's Crime

Los Angeles County, CA

Adam Riojas, Jr.

Dec 8, 1989

Adam Riojas, Jr. was convicted of murdering Jose Rodarte in a
drug related incident. Rodarte was shot twice and his body dumped from a
van on a street. Riojas said he had loaned the van to two friends of his
father, who had come by his Oceanside apartment. His girlfriend testified
he spent the entire day of the murder with her in North County. Riojas had
no criminal history except for an arrest for vandalism in a high school
prank of toilet-papering a home. Riojas' father, Adam Sr., told numerous
people shortly before his death that he was the killer, not his son. Adam
Sr. had been involved in drugs and immigrant smuggling. Adam Jr. was
released on the second unanimous recommendation of his parole board. (Gov.
Davis vetoed the first recommendation; but Gov. Schwarzenegger did not
oppose the second). Riojas served 13 years of 15 years to life sentence. (Archives)
[4/08]

Related Case: Convicted of Sister's Crime

Clark County, WA

Reshenda Strickland

Mar 21, 2003

Reshenda Strickland was convicted of shoplifting based on the
erroneous eyewitness ID of store manager Kathy Hanna and loss prevention
officer Dawn Porter. After the conviction, a review of the store's video
surveillance tapes showed that Strickland's sister, Starlisha, who had
claimed to be in Atlanta at the time of the crime, was the actual thief. Strickland spent three months in jail. (Seattle
PI) (Columbian)
[10/05]